Case Document Filed Page of pretrial release states that if there is probable cause to believe that the person committed an offense involving a minor victim under section then it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community U.S.C emphasis added United States Martir F.2d 2d Cir The Indictment in this case was returned by a grand jury thus establishing probable cause that the defendant committed the crimes of sex trafficking and sex trafficking conspiracy See United States Contreras F.2d 2d Cir An indictment returned by a duly constituted grand jury conclusively establishes the existence of probable cause for the purpose of triggering the rebuttable presumptions set forth in In most federal cases the rebuttable presumption that applies favors pretrial release not remand There is another very important issue to be considered in this case It has to do with victims of the crimes charged in the Indictment Victims refer to the minor girls who are alleged to have been sexually trafficked by the Defendant Under U.S.C victims are entitled to be heard in court including on the question of whether the defendant is to be released or remanded Victims have among other things been given the opportunity to testify at the bail hearing Counsels Submissions The Governments letter application dated July requests that the Court remand Mr Epstein It argues that Mr Epstein poses an acute danger to the community and grounded in past experience with this Defendant that if Mr Epstein is allowed to remain out on bail the defendant could attempt to pressure and intimidate witnesses and potential witnesses in this case including victims and their families and otherwise attempt to obstruct justice Dkt Case Document Filed Page of Ex I at The Government also contends that in light of the strength of the Governments evidence and the substantial incarceratory term the defendant would face upon conviction years there is an extraordinary risk of flight particularly given the defendants exorbitant wealth his ownership of and access to private planes capable of international travel and his significant international ties Id The Government also provides the following background information In or about the defendant was investigated by local police in Palm Beach Florida in connection with allegations that he had committed similar sex offenses against minor girls The investigation ultimately also involved federal authorities namely the U.S Attorneys Office for the Southern District of Florida and the FBI Miami Office and included interviews with victims based in the Palm Beach area including some of the alleged victims relevant to Count One of the instant Indictment In the fall of the Defendant entered into a non-prosecution agreement NPA with the Southern District of Florida in connection with the conduct at issue in that investigation which the non-prosecution agreement identified as including investigations into the defendants abuse of minor girls in the Palm Beach area Id at In June the defendant pied guilty in Florida state court to one count of procuring a person under the age of for prostitution a felony and one count of solicitation of prostitution also a felony As a result the defendant was designated as a sex offender with registration requirements under the national Sex Offender Registration and Notification Act Id The Defense moved on July for pretrial release of Mr Epstein arguing that Mr Epsteins strict compliance with the various monitoring requirements associated with his sex-offender registration actually decreases any danger that he might otherwise pose and also that Mr Epstein has never once attempted to flee the United States Dkt at The Case Document Filed Page of Defense proposes what they describe as a stringent set of conditions that will effectively guarantee Mr Epsteins appearance and abate any conceivable danger hes claimed to present Id at The conditions do not include private security guards The conditions do include Home detention in Mr Epsteins Manhattan residence with permission to leave only for medical appointments as approved by Pretrial Services including at the Courts discretion the installation of surveillance cameras at the front and rear entrances to ensure compliance Electronic monitoring with a Global Positioning System An agreement not to seek or obtain any new passport during the pendency of this matter Consent to U.S extradition from any country and waiver of all rights against such extradition A substantial unspecified personal recognizance bond in an an1ount set by the Court after reviewing additional information regarding Mr Epsteins finances The bond shall be secured by a mortgage on the Manhattan residence valued at roughly million Mr Epsteins private jet can be pledged as further collateral Mr Epsteins brother Mark will serve as a co-surety of the bond which shall be further secured by a mortgage on Marks home in West Palm Beach Florida Mr Epsteins friend David Mitchell will also serve as a co-surety and pledge his investment interests in two properties to secure the bond Mr Epstein shall deregister or otherwise ground his private jet Mr Epstein shall demobilize ground and/or deregister all vehicles or any other means of transportation in the New York area providing particularized information as to each vehicles location Mr Epstein will provide Pretrial Services and/or the government random access to his residence No person shall enter the residence other than Mr Epstein and his attorneys without prior approval from Pretrial Services and/or the Court Mr Epstein will report daily by telephone to Pretrial Services or on any other schedule the Court deems appropriate A Trustee or Trustees will be appointed to Case Document Filed Page of live in Mr Epsteins residence and report any violation to Pretrial Services and/or the Court Any other condition the Court deems necessary to reasonably assure Mr Epsteins appearance Id at The Defense also proposes as a fallback round-the-clock privately funded security guards which will virtually guarantee not just reasonably assure Mr Epsteins presence in the circumstances of this case Id at The bail package originally was not accompanied by a financial statement reflecting Mr Epsteins finances However on July the Defense filed a one-page document which includes five groups of assets owned by Mr Epstein totaling Dkt at The Government responded to the Defense motion on July arguing among other things that Mr Epstein has a history of obstruction and manipulation of witnesses including as recently as within the past year when media reports about his conduct in Florida reemerged Dkt at The Government filing was made against a backdrop of significant-and rapidly-expanding--evidence serious charges and the prospect of a lengthy prison sentence Id It contends that the defendants proposed conditions of release are woefully inadequate The Court also received a letter from the Government dated July providing among other things details about allegedly suspicious payments made by the Defendant in a Palm Beach Florida police report Mr Epsteins expired Austrian passport in another name but with Mr Epsteins photo and a pile of cash and diamonds found in Mr Epsteins safe For example the Government says Records from Institution-I show that on or about November or two days after the series in the Miami Herald began the defendant wired from a trust account he controlled to an individual named as a potential co-conspirator Dkt at And on or about December the defendant wired from the same Case Document Filed Page of trust account to an individual who was also named as a potential co-conspirator Id at According to the Government the second individual is also one of the employees identified in the Indictment which alleges that she and two other identified employees facilitated the defendants trafficking of minors by among other things contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach Florida Id at By letter dated July Defense counsel states among other things that the Court should reject the idea that theres literally nothing a person of Epsteins means could say do or pledge to rebut the operative presumption and make himself eligible for release Dkt at Epstein contends that and the concomitant remand presumption do not contemplate or cover the core conduct at issue here performing sexual massages for money Id at n.l Defense counsel also states that Epstein certainly recognizes the Courts request for further transparency and is committed to providing a complete and accurate disclosure Accordingly we propose that the Court preliminarily accept the initial financial disclosure proffered last Friday and if intending to grant bail include a release condition directing Epstein to tender a comprehensive forensic accounting of his finances as expeditiously as practicable Id at By letters dated July and July Defense counsel also submitted information regarding Epsteins New Mexico sex offender registration status Defense counsel also stated that Epstein traveled extensively over the last eight months and invariably returned to the to the United States That inescapable reality emphatically proves he wont flee and entitles him to release on any and all conditions the Court deems appropriate Id at Case Document Filed Page of Indictment A grand jury voted to indict Mr Epstein on or about July The Indictment charges Mr Epstein with two felonies involving minor girls some as young as Count I includes conspiracy to commit sex trafficking of minor girls in violation of U.S.C and Count II includes sex trafficking of minor girls in violation of U.S.C It states From at least in or about up to and including at least in or about Jeffrey Epstein enticed and recruited and caused to be enticed and recruited minor girls to visit his mansion in Manhattan New York and his estate in Palm Beach Florida to engage in sex acts with him after which he would give the victims hundreds of dollars in cash Indictment dated July Indictment Moreover and in order to maintain and increase his supply of victims Epstein also paid certain of his victims to recruit additional girls to be similarly abused by Epstein In this way Epstein created a vast network of underage victims for him to sexually exploit in locations including New York and Palm Beach The lndictment also charges that the victims were as young as years old at the time they were abused by Mr Epstein and were for various reasons often particularly vulnerable to exploitation Id Mr Epstein intentionally sought out minors and knew that many of his victims were in fact under the age of because in some instances minor victims expressly told him their age Id Following his arrest on Monday July Mr Epstein was arraigned and presented with the Indictment by Magistrate Judge Henry Pittman Legal Principles Governing Release Versus Remand Under the Bail Reform Act U.S.C a Court can order a defendants detention if it determines that the defendant is either a danger to the community or a risk of flight Case Document Filed Page of U.S.C A Court does not need to find both bases are proven to order a defendants detention See id United States Blanco Appx 2d Cir Dangerousness means that the defendant is a danger to the safety of any other person or the community U.S.C A finding of dangerousness must be supported by clear and convincing evidence See e.g United States Ferranti F.3d 2d Cir Where there is a strong probability that a person will commit additional crimes if released the need to protect the community becomes sufficiently compelling that detention is on balance appropriate United States Chimurenga 2d 2d Cir Even a single incident of witness tampering may be sufficient to revoke bail LaF ontaine 3d at To order detention based upon risk of flight the Court must find by a preponderance of the evidence that that no conditions could reasonably assure the defendants presence at trial See e.g United States Jackson F.2d 2d Cir U.S.C The constitutional limits on a detention period based on dangerousness to the community may be looser than the limits on a detention period based solely on risk of flight In the former case release risks injury to others while in the latter case release risks only the loss of a conviction United States Millan F.3d 2d Cir quoting United States Orena F.2d 2d Cir A bail package that may reasonably assure the appearance of the defendant at trial will not necessarily assure the safety of the community United States Rodriguez F.2d 2d Cir The Bail Reform Act sets forth the following four factors to be considered in the release/remand analysis the nature and circumstances of the crime charged the weight of the evidence against the person the history and characteristics of the defendant including the persons character and financial resources and the seriousness of the danger posed by the Case Document Filed Page of defendants release U.S.C The weight afforded to each factor under section is within the special province of the district court United States Paulino Supp 3d S.D.N.Y quoting United States Shakur F.2d 2d Cir The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the release/remand hearing U.S.C emphasis added For example the Government is entitled to present evidence supporting remand by way of proffer among other means U.S.C see also United States Lafontaine F.3d 2d Cir bail hearings are typically informal affairs not substitutes for trial or even for discovery U.S.C expressly states that the Federal Rules of Evidence do not apply at bail hearings thus courts often base detention decisions on hearsay evidence United States Abuhamra F.3d 2d Cir District courts are afforded wide discretion regarding the scope of such hearings United States Bartok Appx 2d Cir The Presumption of Remand in U.S.C Cases A U.S.C case involving sexual victimization of a minor is unusual in that it includes a presumption in favor of pretrial detention reflecting the significant harm caused by such a crime U.S.C The presumption is that no condition or combination of conditions will reasonably assure against flight or danger to the community United States English F.3d 2d Cir quoting U.S.C Mr Epstein may rebut the presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight United States Mercedes F.3d 2d Cir The Government retains the ultimate burden of persuasion that Mr Epstein presents a danger to the Case Document Filed Page of community by clear and convincing evidence and that Mr Epstein presents a risk of flight by a preponderance of the evidence Id Even ifrebuttal evidence is presented the presumption favoring detention does not disappear entirely Id at It remains a factor to be considered among those weighed by the district court Id Mr Epstein Poses a Danger To Others And To the Community The Court begins with dangerousness because that concept is at the heart of this case It finds that the Government has shown by clear and convincing evidence that Mr Epstein threatens the safety of another person and of the community as follows on pages Victims Have Advised The Court That They Would Fear For Their Safety If Mr Epstein Were Released Victims have specifically conveyed to the Government that any form ofrelease of the Defendant including home detention with full-time private guards could result in their harassment and abuse Dkt at At the bail hearing on July two victims movingly testified about their past sexual encounters with Mr Epstein when they were minors aged and respectively Tr at see also REP CVRA Legislative History at In enacting the CVRA Congress stated that Victims deserve the right to be heard at specific points in the criminal justice process including bail hearings Giving victims a voice not only improves the quality of the process but can also be expected to often provide important benefits to victims Ms Annie Farmer was introduced by her counsel David Boies and stated that she was years old when she had the misfortune of meeting Jeffrey Epstein in New York Tr at Ms Farmer said that Mr Epstein flew her to New Mexico and was inappropriate with her Id She was reluctant to go into details about her experience with Mr Epstein Id at Ms Farmer opposes Mr Epsteins pretrial release because she believes other Case Document Filed Page of Epstein victims would continue to be victimized and that Mr Epsteins wealth and privilege and notoriety would make it difficult for other victims to come forward Id at Ms Courtney Wild was introduced by her counsel Brad Edwards and said she was sexually abused by Jeffrey Epstein starting at the age of Id at She asked the Court to keep Mr Epstein in detention for the safety of any other girls out there that are going through what shes going through Id at Ms Wild said that Mr Epstein is a scary person to have walking the streets Id Mr Epstein Poses A Threat to Additional Young Girls If He Is Released At the remand/release hearing on Monday July as noted the Court heard poignant testimony from two of Mr Epsteins alleged victims about their fears and anxiety over his potential release even if under strict conditions of home confinement The Court is also concerned for new victims Mr Epsteins alleged excessive attraction to sexual conduct with or in the presence of minor girls which is said to include his soliciting and receiving massages from young girls and young women perhaps as many as four times a day appears likely to be uncontrollable See United States Minnici Appx 2d Cir defendants alleged sex crimes were of an addictive sexual nature that cannot be suppressed simply by a restrictive set of bail conditions Accordingly Mr Epsteins past sexual conduct is not likely to have abated or been successfully suppressed by fierce determination as his Defense Counsel suggests Defense Counsel contends that He wasnt a predator that couldnt control his conduct He disciplined himself Tr at Defense Counsel also argues that appreciating the gravity of these charges putting aside the age of these witnesses and putting the consent issue aside its not like Epstein is an out-of-control rapist Tr at It seems fair to say that Case Document Filed Page of Mr Epsteins future behavior will be consistent with past behavior including the trove of lewd photographs of young-looking women or girls which were recently uncovered during the July search of Mr Epsteins East 71st Street mansion See Dkt Ex at The search results suggest the possibility that defendant could target another vulnerable victim See United States Baker Supp 3d D.N.M where the defendant was alleged to specifically target vulnerable women and where he attempted to contact an alleged victim the court was persuaded that the defendant would be a danger to society if released Despite having been convicted of the above mentioned two Florida sex crimes in involving an underage girl Mr Epstein as noted maintained at his New York residence a vast trove of sexually suggestive photographs of nude underage and adult girls Dkt Ex at That is during the July authorized search of Mr Epsteins NYC residence the FBI found a substantial collection of photographic trophies of his victims and other young females Dkt at This evidence includes compact discs labeled Young Redacted Name Redacted Name Misc nudes and Girl pies nude Id The Government contends that this evidence includes hundreds or perhaps thousands of sexually suggestive photographs of nude underage girls and women and that it is corroborative in nature Id And it is consistent with victim recollections of the inside of Mr Epsteins residence Dkt Ex at This newly discovered evidence also suggests that Mr Epstein poses ongoing and forward-looking danger See Dkt at see also Baker Supp 3d at United States Goodwin WL at W.D Ky Oct The Presumption Of Pretrial Remand Reflects The Seriousness Of Mr Epsteins Alleged Crimes The significant harms and dangers of sex crimes involving minors animated Congress to create the statutory presumption of detention United States Hardy WL at Case Document Filed Page of D.D.C May The presumption ofremand reflects Congres substantive judgment that particular classes of offenders should ordinarily be detained prior to trial United States Stone F.3d 6th Cir Other serious offenses that are accompanied by the presumption ofremand are Kidnapping U.S.C Aggravated Sexual Abuse U.S.C Sexual Abuse U.S.C Offenses Resulting in Death U.S.C Sexual Exploitation of Children U.S.C Selling or Buying of Children U.S.C Production of Sexually Explicit Depictions of a Minor for importation into the United States U.S.C Coercion and Enticement U.S.C Transport of Minors U.S.C Use oflnterstate Facilities to Transmit Information About a Minor U.S.C U.S.C The presumption ofremand does not disappear even when rebutted Martir F.2d at If the defendant comes forward with evidence that he will not endanger the community or flee the jurisdiction the presumption is not erased See United States Dominguez F.2d 7th Cir Rather the presumption remains in the case as an evidentiary finding militating against release to be weighted along with other evidence United States Hir F.3d 9th Cir see also Martir F.2d at The concern underlying the presumption applies to the general class of defendants charged with one of the specified offenses-not merely to defendants who fail to produce rebuttal evidence Were the presumption to vanish upon any showing courts would be giving too little deference to Congress findings regarding this class emphasis in original The U.S Pretrial Services Department Recommends To The Court That Mr Epstein Continue to Be Remanded The Pretrial Services report dated July concludes following Pretrial Services interview of Mr Epstein that there is no condition or combination of conditions that can Case Document Filed Page of reasonably assure the safety of the community if Mr Epstein is released Pretrial Services Report dated July at Pretrial Services also concluded that Mr Epstein is a flight risk and recommends that he be detained for that reason as well Id In support of its assessment of Mr Epsteins dangerousness Pretrial Services cites the following the Nature of Mr Epsteins currently charged Instant Offence i.e sex trafficking and conspiracy involving minor girls Mr Epsteins Prior Arrests in Florida in Mr Epsteins History and Conviction Involving a Sex Offense which principally refers to Defendants conviction for procuring a person under the age of for prostitution a felony and for solicitation of prostitution also a felony Mr Epsteins status as a registered sex offender in New York Florida and the Virgin Islands and Mr Epsteins Pattern of Similar Criminal Activity History Id The Seriousness Of The Crimes That Mr Epstein Has Been Charged With Is Also Reflected In The Fact That The Crimes Involve Minor Children Mr Epstein is said by the Government to be a serial sexual predator who allegedly victimized dozens or more of minor girls including a year old He was involved in and undertook the alleged sexual activity in several locations including his mansion in Manhattan and his estate in Palm Beach Florida Indictment i By actively encourageing certain of his minor victims to recruit additional girls to be similarly sexually abused Mr Epstein is said to have created a vast network of underage victims for him to exploit Dkt Ex at The Government alleges that Mr Epstein intentionally sought out-and knew that he was abusing-minors Indeed in some instances his victims expressly told him they were Mr Epstein is reported to have remarked that Im not a sexual predator Im an offender Its the difference between a murderer and a person who steals a bagel Amber Southerland Billionaire Jeffrey Epstein Im a sex offender not a predator New York Post Feb Case Document Filed Page of underage before or during the period in which he abused them Id The crimes with which Mr Epstein is charged carry a maximum sentence of years of incarceration Id at The deprivation of liberty imposed by imprisonment makes that penalty the best indicator of whether the legislature considered an offense to be serious United States Dugan F.3d 2d Cir quoting Lewis United States U.S And the crimes Mr Epstein has been charged with are among the most heinous in the law principally in the Courts view because they involve minor girls U.S.C see also Roger Przybylski Chapter Adult Sex Offender Recidivism Sex Offender Management Assessment and Planning Initiative Researchers widely agree that observed recidivism rates are underestimates of the true reoffense rates of sex offenders Hidden offending presents significant challenges for professionals working in sex offender management as it is difficult to know whether offenders who appear to be nonrecidivists based on official records are truly offense free emphasis in original Mr Epstein Or His Representatives Have Intimidated Threatened And/Or Made Payments To Potential Witnesses The Governments evidence includes i Florida police reports describing harassment and intimidation of witnesses involved in the Florida state criminal investigation of Mr Epstein in and ii emails dated September and September attached hereto from Mr Epsteins former counsel to Federal prosecutors in Florida discussing the option of Mr Epstein pleading guilty to witness tampering harassment and/or obstruction of justice A Palm Beach Police Incident Report dated July states that one of Mr Epsteins victims reported that Mr Epsteins representative said to her Those who help Mr Epstein will be compensated and those who hurt Mr Epstein will be dealt with Dkt Ex at emphasis added The Report also states Mr Epsteins representative assured the Case Document Filed Page of victim that she would receive monetary compensation for her assistance in not cooperating with law enforcement Another undated Palm Beach Police Incident Report states that the parent of one of Mr Epsteins alleged victims contacted the Palm Beach Police to report that Mr Epsteins private investigator had aggressively driven the parents car off the road Dkt at This same Report states that the parent of another victim reported being followed aggressively by Mr Epsteins private investigator Id The Government contends that these reports together suggest that an associate of Epsteins was offering to buy victims silence during the course of the prior investigation and demonstrate Mr Epsteins willingness to use intimidation and aggressive tactics in connection with a criminal investigation Dkt at The Government also submits e-mail evidence attached to this Order as Exhibit of plea discussions in between Florida federal prosecutors and Mr Epsteins attorneys that confirm that Mr Epstein considered pleading guilty to witness tampering harassment and/or obstruction of justice in a case involving alleged sex crimes with minor girls On September prosecutors wrote to Mr Epsteins counsel that they have been spending some quality time looking for misdemeanors that Mr Epstein could plead guilty to including U.S.C a Federal witness tampering statute a felony and U.S.C a Federal statute criminalizing the violation of the privacy protection of child victims and child witnesses a misdemeanor Doe United States Civ S.D Fla Dkt Epsteins counsel replied Already thinking about the same statutes Id On September a Federal prosecutor told Mr Epsteins counsel that if Mr Epstein pied guilty to obstruction of justice the factual proffer could rely on the incident where Mr Epsteins private investigators followed a victims father forcing him off the road Id Dkt see also supra On September Case Document Filed Page of Mr Epsteins counsel proposed that Mr Epstein admit that he verbally harassed victims or the family of victims in connection with his attempt to delay their voluntary receipt of process in a civil action against Mr Epstein in violation of a Federal witness tampering statute Doe Dkt And the Government has recently contended that on November and on December very soon after the publication of a 3-part investigative report in the Miami Herald authored by Julie Brown relating to Mr Epsteins Florida Non-Prosecution Agreement dated September Mr Epstein paid to a company founded and run by Individual I and he paid to Individual II Dkt at The Government states that Individual I was a potential co-conspirator for whom Epstein obtained protection in the NP A Id Individual I was named and featured prominently in the Miami Herald See Julie Brown Even From Jail Sex Abuser Manipulated The System His Victims Were Kept in The Dark Miami Herald Nov The Government states that Individual II was also a potential co-conspirator for whom Epstein also obtained protection in the NPA Dkt at She is one of the employees identified in the Indictment which alleges that she and two other identified employees facilitated the defendants trafficking of minors by among other things contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach Florida Id at Individual II was also named and featured prominently in the Miami Herald report The Government states there is good reason to infer that Mr Epstein was attempting to influence these two individuals who were close to him during the time period charged in this case and who might be witnesses against him at a trial Dkt at Neither of these Case Document Filed Page of payments appears to be recurring or repeating during the approximately five years of bank records presently available to the Government This course of action and in particular its timing suggests the defendant was attempting to further influence co-conspirators who might provide information against him in light of the recently re-emerging allegations Id A court may order detention if there is a serious risk that the defendant will attempt to threaten injure or intimidate a prospective witness or juror U.S.C Even a single incident of witness tampering has been a traditional ground for pretrial detention by the courts Lafontaine F.3d at affirming then-U.S District Judge Michael Mukaseys denial of bail to a defendant who had met with a prospective witness in an effort to persuade the witness to give untruthful testimony and where there was no evidence of influence harassment or intimidation see also United States Singh WL at E.D.N.Y Aug Mr Epstein Has Not Always Been Compliant With His Legal Obligations As A Registered Sex Off ender Defense counsel has contended that Mr Epstein has been scrupulously fulfilling his obligations in every jurisdiction in which he was required to register as a sex offender since his Florida convictions Counsel argues that this shows that he is no longer a danger to anyone and will faithfully obey all conditions of release if ordered Dkt at The record shows that Mr Epstein has challenged his sex offender level in at least one jurisdiction since in an effort to minimize his reporting obligations And one recent press account states that Epstein is not in compliance in New York State See Elizabeth Rosner Tina Moore Larry Celona and Bruce Golding NYPD let convicted pedophile Jeffrey Epstein skip judge-ordered check-in New York Post July July NY Post Article Case Document Filed Page of Jeffrey Epstein never once checked in with City cops in eight-plus years since a Manhattan judge ordered him to do so every days Mr Epstein is a Level I sex offender in New York State which is the highest category of risk to reoffend This designation requires that Mr Epstein report his presence in New York to law enforcement authorities every days As discussed at the July bail hearing counsel for Mr Epstein made an application in New York State Supreme Court in to reduce Epsteins sex offender registration status from Level I to Level I If granted this reduction would have allowed Mr Epstein to avoid his reporting obligations In a Sex Offender Registration Act Hearing on January held before the Honorable Ruth Pickholz Mr Epsteins application was firmly denied principally because it had been established by the Board of Examiners of Sex Offenders See People Epstein Indict N.Y Sup Ct SORA Hearing Transcript dated Jan At the hearing cw York County Assistant District Attorney Jennifer Gaffney joined in Defense Counsels appeal to review and overturn the decision of the Board of Examiners of Sex Offenders and achieve a do nward modification of Mr Epsteins sex offender status Id at Judge Pickholz appeared to be stunned by the joint Defense Counsel/District Attorney application stating I am just a little overwhelmed that the People are making this application I have done many SORAs much less troubling than this one where the People would never make a downward adjustment argument like this I have never seen the prosecutors office do this I have to tell you I am shocked Id at Judge Pickholz also ordered Mr Epstein to report as a Level I sex offender every days in cw York Id at I am sorry Mr Epstein may have to come here every days He can give up his New York home on East 71st St if he does not want to come every days Id Epstein appealed but Judge Pickholzs decision Case Document Filed Page of was unanimously affirmed on November by a panel of five judges of the Appellate Division of the New York State Supreme Court People Epstein A.D.3d N.Y.S.2d N.Y App Div Notwithstanding Judge Pickholzs order according to a July investigative report by the New York Post as noted Mr Epstein has never reported as a sex offender to New York law enforcement See July NY Post Article The NYPD cop assigned to monitor Epstein has repeatedly complained to the New York County District Attorneys Sex Crimes Unit that Epstein wasnt in compliance according to a source familiar with the matter Id Mr Epsteins alleged failure to comply with his New York sex offender obligations would appear to undermine defense counsels premise that Mr Epsteins perfect compliance and meticulous obedience Dkt at to his sex offender registration obligations should lead to his release See Lafontaine F.3d at where the Court ordered detention noting that the defendant had previously disregarded court orders The Court has also read the story in the July New York Post in which attorney Brad Edwards contends that while Epstein was serving his Florida state sentence after pleading guilty to procuring a minor under for prostitution and solicitation of prostitution Epstein was allowed to leave the jail on work release While on work release he was having female visitors and continuing to engage in sexual conduct while he was in jail Mr Edwards is counsel to one of Mr Epsteins victims See Reuven Fenton and Kate Sheehy Jeffrev Epstein had sex den while serving time lmvver New York Post July The Court is also aware of an article published by Palm Beach CBS local news which reports that the Palm Beach County Sherriffs Office disputes the claim that Jeffrey Epstein had sex on work release A spokeswoman for the sheriffs office is quoted as saying If he violated any conditions of his Case Document Filed Page of release he would have been brought back to the Stockade and work release would have been terminated Chuck Weber PBSO disputes claim that Jeffrey Epstein had sex on work release CBS News July New Mexieo Florida And The Virgin Islands With respect to Mr Epsteins sex offender status in New Mexico Defense Counsel has submitted a letter dated August from Regina Chacon Assistant Bureau Chief Law Enforcement Record Bureau of the New Mexico Department of Public Safety which states that Mr Epstein is not required to register as a sex offender with the State of New Mexico at this time for his Florida conviction of Procuring a Person Under for Prostitution 0kt Ex A The Court requested from the Defense all application materials that Mr Epstein may have submitted to the New Mexico Department of Public Safety believing that the Department would not initiate the waiver of Mr Epsteins sex offense registration on its own No such materials have been received by the Court as of this date The Court understands that Mr Epstein is also registered as a sex offender in the Virgin Islands Level I and in Florida Level I It has received no materials from the Defense regarding sex offender applications or proceedings in those two jurisdictions In sum based upon all of the proffers and evidence set forth at pp above the Court finds by clear and convincing evidence that Mr Epstein poses a danger to other persons and to the community Mr Epstein Also Poses A Risk Of Flight In the section that follows the Court considers risk of flight even though it has already determined that Mr Epstein presents a danger to the community A finding of either danger to the community or risk of flight will be sufficient to detain the defendant pending trial Case Document Filed Page of United States King F.2d 11th Cir quoting United States Portes F.2d 7th Cir The Court finds that the Government has shown by a preponderance of the evidence that Mr Epstein is a flight risk The factors to be considered in analyzing risk of flight are the same factors that apply when analyzing dangerousness They are the nature and circumstances of the crimes charged the weight of the evidence against the defendant the history and characteristics of the defendant including the persons character and financial resources and the seriousness of the danger posed by the defendants release U.S.C The weight afforded to each factor under section is within the special province of the district court Paulino Supp at At the outset it should be noted that the Pretrial Services Report dated July concludes that The defendant poses a risk of nonappearance for the following reasons Mr Epsteins Extensive foreign travel and possession of travel documents Mr Epsteins Residential and Financial Ties outside this District and Country Mr Epsteins Employment ties outside this country Mr Epsteins Unexplained assets Mr Epsteins Criminal History including his conviction for a sex offense with minors in Florida in Pretrial Services Report dated July at The Crimes Charged Against Mr Epstein Mr Epstein has been charged with among the most serious crimes recognized by U.S Federal law The Government has alleged that Mr Epstein intentionally sought out and sexually abused minor girls including those particularly vulnerable to exploitation Dkt Ex at He did this in multiple locations including New York and Palm Beach Id And Mr Epstein allegedly worked and conspired with others including employees and associates who facilitated Case Document Filed Page of his unlawful conduct by contacting victims and scheduling their sexual encounters Indictment I These crimes as already noted carry a maximum sentence of years of incarceration and give rise to a presumption of pre-trial remand U.S.C see United States Hardy WL at D.D.C May The significant harms and dangers of these crimes animated the Congress to create the statutory presumption of detention The nature and circumstances of the crimes charged and the severity of the potential punishment support a finding that Defendant poses a serious flight risk and that no conditions can be set to reasonably assure his appearance for trial United States Cilins WL at S.D.N.Y July Weight Of The Evidence The Governments evidence against Mr Epstein appears strong The evidence includes testimony of victims some of whom were minor girls when they were allegedly sexually abused by Mr Epstein other witnesses including potential coconspirators physical evidence including passports reflecting extensive foreign travel sexually suggestive photographs of nude underage girls plea discussions and police reports describing witness tampering and intimidation United States Fama WL at S.D.N.Y June the Court recognizes the difficulty inherent in assessing the Governments case before trial and is mindful not to reach any conclusions about the Defendants guilt or innocence Indeed some courts have described the weight of the evidence factor as the least important of the factors for these reasons see also Hir F.3d at History And Characteristics Of The Defendant Including His Financial Resources Mr Epstein pied guilty to two state felonies involving minor girls in Florida He also held plea discussions regarding witness tampering in Florida in He is a registered Level I Case Document Filed Page of sex offender in New York and a registered sex offender in Florida Level I and the Virgin Islands Level I Mr Epstein is and is reported to be a self made multi-millionaire He did not graduate from college Mr Epsteins vast wealth including substantial liquid assets multiple residences private plane a residence in Paris France and relatively limited family ties to the United States in the sense that he is single with no children and his parents are deceased He has a brother who Defense counsel asserts has offered to serve as a guarantor for Mr Epstein by pledging his home in West Palm Beach Florida The Court notes that the Pretrial Services Report dated July states that the defendant stated he maintains minimal contact with his brother Mark Epstein and that his exact location is unknown at this time Pretrial Services Report at Mr Epstein engages in extensive overseas travel often relying on his own plane The Government argues persuasively that there is an extraordinary risk of flight particularly given the defendants exorbitant wealth his ovvnership of and access to private planes capable of international travel and his significant international ties Indeed the arrest of the defendant occurred when he arrived in the United States on his private jet after having returned from a multi-week stay abroad Dkt Ex at In the past months alone the defendant has traveled abroad via private jet either into or out of the country on approximately more than occasions at In a recent search of Defendants New York City home law enforcement seized an expired Austrian passport bearing Mr Epsteins photo but not his name The passport is in another name The Austrian passport lists residence in Saudi Arabia According to the Government Defense counsel declined to respond when asked by the Government if the Case Document Filed Page of Defendant is currently or has been in the past a citizen or legal permanent resident of a country other than the United States Dkt at Defense counsel contends that Defendant has one active passport that was surrendered and that Mr Epstein has no foreign passports Dkt at With regard to the Austrian passport the Defense explains that Epstein acquired the passport in the when hijackings were prevalent in connection to Middle East travel The passport was for personal protection in the event of travel to dangerous areas only to be presented to potential kidnapers hijackers or terrorists should violent episodes occur Dkt at Details about how the passport was procured by Mr Epstein in the name of another individual were not provided and are not known to the Government See Dkt at The Government is attempting to obtain additional information about the Foreign Passport including how it was obtained and whether the passport is genuine or fabricated But the defendants possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other foreign identities This adds to the serious risk of flight posed by the defendant The Government also argues that the passport contains numerous ingress and egress stamps including stamps that reflect use of the passport to enter France Spain the United Kingdom and Saudi Arabia in the Dkt By submission dated July the Defense explains Epstein was given the passport at issue by a friend He never used the document to travel internationally and never presented it to any immigration or customs authority The passport stamps predating his receipt of the document do not reflect Mr Epsteins entries or exits Dkt Defense counsel has submitted a one page document called Asset Summary June It indicates that Epstein has cash in the amount of fixed income valued at Case Document Filed Page of equities valued at hedge funds and private equity valued at properties located at East 71st Street NY NY valued at Zorro Ranch Road Stanley New Mexico valued at El Brillo Way Palm Beach Florida valued at Avenue Foch Paris France valued at Great St James Island No 6A USVI parcels A and valued at and Little St James Island No 6B USVI parcels A and Dkt at The Court has advised Defense counsel that this cursory asset statement is insufficient to support a bail package for the reasons among others that it is not verified and does not show expenses indebtedness or liabilities Law enforcement has informed the Government that a safe in the Defendants New York home very recently contained more than in cash loose diamond stones ranging in size from approximately carat to carats as well as a large diamond ring The Government is currently unaware of whether the Defendant maintains similar amounts of cash and/or jewels at his multiple properties or in other locations Such ready cash and loose diamonds are consistent with the capability to leave the jurisdiction at a moments notice Dkt at The Defendants vast wealth and influential contacts have provided him with the means to pay individuals to assist him in unlawful endeavors including potentially fleeing the jurisdiction In the past the Defendant worked with others including employees and associates who facilitated his exploitation of minors by among other things contacting victims and scheduling their sexual encounters with the defendant both in New York and in Florida Dkt Ex at Case Document Filed Page of David Boies who as noted represents identified victims in this case advised the Court that while a civil case was proceeding against the Defendant we had situations in which we had witnesses who were cooperating with us and then were contacted by either Mr Epstein or his lawyers and who then stopped cooperating with us Tr at see also United States Boustani F.Supp.3d E.D.N.Y The combination of Defendants alleged deceptive actions access to substantial financial resources frequent international travel complete lack of ties to the United States and extensive ties to foreign countries without extradition demonstrates Defendant poses a serious risk of flight United States Epstein F.Supp.2d E.D Penn The crucial factor however is defendants lack of ties to the United States and his extensive ties to Brazil with which no extradition treaty exists In our view his forfeiture of million worth of assets in the United States would not deter him from flight when in Brazil he has significant wealth a lucrative job the presence of his family and insulation from ever being forced to stand trial Viewing the totality of the circumstances the Court finds that the Government has shown by a preponderance of the evidence that Defendant is a serious risk of flight and that no conditions can be set that will reasonably assure his appearance at trial While other judges in this district have found that an armed security guard may be sufficient to assure a defendants appearance even when he is a serious risk of flight this Court does not believe that that condition even coupled with the additional conditions proposed would be sufficient United Cilins WL at The Danger Posed By The Defendants Release As demonstrated infra Mr Epsteins dangerousness is considerable and includes sex crimes with minor girls and tampering with potential Vitnesses The discussion at pp is Case Document Filed Page of incorporated here by reference See MinnicL Appx at the alleged activities we re of an addictive sexual nature that cannot be suppressed simply by a restrictive set of bail conditions see also Millan 3d at The protection of the community can be assured only by continued detention The Court has carefully considered the issue of Defendants ability and motivation for fleeing U.S jurisdiction The Court finds that the Government has proven by a preponderance of the evidence that among other things the Defendants limited family ties to the United States his residence in Paris his extensive overseas travel his significant wealth and his substantial resources including private planes and the potential year term of imprisonment that may be imposed should there be a conviction in this case provide incentive motive and wherewithal to flee Indeed these factors render him a classic flight risk See e.g United States Abdullahu F.Supp.2d D.N.J After reviewing the totality of the evidence the Court has reached the inescapable conclusion that the government has proved by a preponderance of the evidence that no condition or combination of conditions exist that will reasonably assure the defendants appearance at trial The defendant faces serious criminal charges The defendant faces a potential ten year prison sentence and involuntary deportation The defendant does not have permanent and longstanding ties to this area he has the means and incentive to flee and he has family ties and a place to live in an overseas country that will not extradite him to the United States Defendants Proposed Bail Package Having determined that Mr Epstein is a flight risk and also a danger to the community the Court next examines the Defendants proposed bail package See U.S.C Case Document Filed Page of The Court finds that the Defendants proposed bail package is inadequate Among its deficiencies are these The bail package is not accompanied or supported by audited or certified financial statements including details of income and expenses and debt obligations There is no affidavit from Mr Epstein As noted Defense counsel submitted a cursory one page Asset Summary June on Mr Epsteins behalf in which he discloses several categories of assets totaling The Defense states that it would be impossible for Epstein given among other impediments his detention inability to quickly access pertinent records and inability to quickly make a precise valuation of particular assets to provide a sufficient financial statement by the Courts pm deadline Dkt at The absence of accurate and comprehensive financials sworn to by the Defendant does not allow the Court meaningfully to assess Defendants own proposed bail package nor would it enable the Court to fashion a bail package on its own The Court would not be able to determine what level of bail in relation to Epsteins finances would reasonably assure the Defendants appearance Defense counsel proposed at the bail hearing on July that it would take a few days to prepare accurate financials for Mr Epstein He also suggested that he would do so only if the Court were agreeable to granting bail This offer appears disingenuous for a person as wealthy and experienced in financial matters as Mr Epstein See Tr at Court There needs to be a fuller financial picture to know what would be appropriate Defense Counsel Let me be blunt It was our first effort That Mr Epstein does not have a financial statement including liabilities and expenses readily available is difficult to understand Case Document Filed Page of The defense bail package proposes excessive involvement of the Court in routine aspects of Mr Epsteins proposed home confinement This is not the Courts function See United States Zarrab WL at S.D.N.Y June The bail package proposed by the defense is not reasonable because in too many respects it substitutes judicial oversight and management for more appropriate reliance upon trained experienced and qualified professionals from the U.S Bureau of Prisons and the U.S Marshals Service The Defense package components would embroil the Court in issues among others relating to the level of force that may be used to secure the Defendant who may enter the residence daily reporting by Mr Epstein and reporting by so-called Trustee designated to live with and supervise Mr Epstein United States Valerio Supp 3d E.D.N.Y The questions about the legal authorization for the private security firm to use force against defendant should he violate the terms of his release and the questions over whether the guards can or should be armed underscore the legal and practical uncertainties indeed the imperfections of the private jail-like concept envisioned by defendant as compared to the more secure option of an actual jail The Defense proposal to give advance consent to extradition and waiver of extradition rights is in the Courts view an empty gesture And it comes into pay only after Mr Epstein has fled the Courts jurisdiction According to the Government The Department of Justices Office of International Affairs is unaware of any country anywhere in the world that would consider an anticipatory extradition waiver binding And of course the defendant could choose to flee to a jurisdiction with which the United States does not have an extradition treaty Dkt at Although the Defense has stated that Mr Epstein would be agreeable to putting up any amount of collateral or signing any bond the Court would require there has to date Case Document Filed Page of been no concrete pledge of any real assets or any concrete proposal to turnover deeds to real property or to provide a specific amount of cash See Tr at I am authorized to say to the Court that whatever bond you want Mr Epstein to sign whether its million or an amount close to the amount of the assets that we have provided Mr Epstein is prepared to sign it The Court as noted has no detailed information regarding the extent of the Defendants assets including the nature value and location of all of his assets There is no mention of any expenses liabilities or indebtedness And there has been no persuasive Defense counter to the Governments argument that even were the defendant to sacrifice literally all of his current assets there is every indication that he would immediately be able to resume making millions or tens of millions of dollars per year outside of the United States He already earns at least per year according to records from Institution-I while living in the U.S Virgin Islands traveling extensively abroad and residing in part in Paris France there would be little to stop the defendant from fleeing transferring his unknown assets abroad and then continuing to do whatever it is he does to earn his vast wealth from a computer terminal beyond the reach of extradition Dkt at emphasis omitted The Defendant it should also be noted is already at risk of losing some of his real property because the Indictment contains a forfeiture allegation regarding any property that was used or intended to be used to commit or to facilitate the sex trafficking offenses and that includes but it is not limited to the property located at East 71st Street New York New York The appointment and role of trustees who will presumably live with Mr Epstein and monitor his compliance with bail conditions are unacceptably vague They do not for example address the conflict that is created by the salary the trustees are earning from the Case Document Filed Page of Defendant and their purported role as independent monitors The same problem arises in relation to private security guards This is especially problematic where as here it is alleged that employees of the Defendant may have engaged in unlawful acts with and on behalf of the Defendant According to the Government the defendant worked with others including employees and associates who facilitated his exploitation of minors by among other things contacting victims and scheduling their sexual encounters with the defendant both in New York and in Florida Dkt Ex at As a fall back the Defense suggests the utilization of and the funding of a private security guard agency to virtually guarantee Mr Epsteins presence in court and presumably also to supervise his behavior This contingency plan is not a part of Mr Epsteins point proposal Nevertheless the Court is asked by the defense to revisit its legal viewpoint as expressed in an earlier decision concerning private home security guards Each bail package in each case is considered and evaluated on its individual merits by the Court And in view of the Comis finding of dangerousness a new bail proposal likely would be futile See e.g United Ferranti F.3d at No conceivable conditions could ensure the safety of the community Orena F.2d at We do not agree that the bail conditions set by the district court eliminate the danger to the community or are superior to detention for purposes of the Bail Reform Act United States Colombo F.2d 2d Cir These conditions are clearly inadequate to protect the public from one found for bail purposes to be a danger to the community Case Document Filed Page of Conclusion Order Based upon the forgoing the Governments motion for remand detention is granted and the Defense motion for pretrial release is denied Dated New York New York July RICHARD BERMAN U.S.D.J
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